Silva

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 05-50871 Plaintiff-Appellee, v.  D.C. No.

CR-02-01933-NAJ

PAUL SILVA,

OPINION

Defendant-Appellant.  Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding

Argued and Submitted September 15, 2006—Pasadena, California

Filed January 3, 2007

Before: J. Clifford Wallace, Diarmuid F. O’Scannlain, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge O’Scannlain COUNSEL

Jason M. Goldberg, Assistant United States Attorney, Office of the United States Attorney, San Diego, California, argued the cause for the plaintiff-appellee and Carol C. Lam, United States Attorney and Roger W. Haines, Jr., Assistant United States Attorney were on the brief.

Steven F. Hubachek, Federal Defenders of San Diego, Inc., San Diego, California, argued the cause for the defen- dant-appellant and was on the brief.

OPINION

O’SCANNLAIN, Circuit Judge:

We must decide whether a defendant has a right to allocute during a limited remand to the district court…